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ROBINSON, Texas (CBS Local) — A longtime Texas daycare owner who admitted to hurting a baby in her care won’t be serving jail time and the victim’s parents say they are devastated.

Glenda Hammons, 81, of Robinson was indicted last month after being arrested in August. According to a police affidavit, she was caught on camera abusing the child, who was was 21-months-old at the time.

In the video taken by another child at the daycare, Hammons can be seen holding the toddler up by both arms and tossing him onto a hardwood floor. She later dragged him across the floor by one leg as he cries.

“After she shakes the boy she slaps the back and side of his head roughly six times while saying ‘put ’em on the floor dadgummit mind me! Your’e being hateful today!'” the affidavit states.

The baby’s father and mother, who wish to remain anonymous, say the justice system failed them.

“They told us she won’t even have to tell anybody ever, it won’t be like she’s a convicted felon, it won’t be like anyone will ever know she hurt our baby,” the victim’s mother said.

However, Tom Needham, spokesman for District Attorney Barry Johnson, said prosecutors believe the outcome was fair and reasonable considering Hammon’s health and lack of criminal history.

“I appreciate the victim’s standpoint,” Needham said. “Unfortunately, we’re bound by what the law provides and what the range of punishment is, and on this particular case the range of punishment includes probation, and we think it’s highly likely a jury would give her probation as opposed to sentencing her to ten years in criminal corrections, at this point.”

“We knew she was an old lady, we knew, ya know, the way people looked at her was going to be different than it was, but we thought with the video evidence, with the fact that it was pretty much an open and shut case, that [the punishment] would be more severe,” the victim’s father said.

In the end, a judge will decide if the sentence is proper at hearing tentatively set for August 21.